PLAINT AMENDMENT IN APPELLATE STAGE

[srinivasa reddy]

Sir,
whether is it maintainable to file the Plaint amendment petition before the Hon’ble High court?
some wrong Survey numbers [not all survey numbers ] arrayed at the time of the presentation of plaint,recently after due diligence, we have got correct survey numbers from Tahaseedhar[Revenue dept]
is it possible to amend the plaint U/o VI RULE 7 & 153 of CPC before the Hon’ble High court? what is the remedy?
with Thanks,
Regards,
KS REDDY.

[Dr. Ashok Dhamija]

You have not mentioned what is the stage in the proceedings. Whether the suit is still pending? Is the suit pending before the high court?

Please note that Section 153 of Civil Procedure is related to the power of the court to amend “any defect or error in any proceeding in a suit”. This section is reproduced below:

“153. General power to amend.— The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.”

Amendment of the plaint is covered under Rule 17 of Order VI and is reproduced as under:

“17. Amendment of pleadings.—The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[srinivasa reddy]

Trail completed before sr.civil judges court ,thereafter we have filed 1st appeal before Hon’ble High court, Appeal is posting for final hearing…

[Dr. Ashok Dhamija]

You may try using the provisions under Order 41 Rule 27 [Production of additional evidence in Appellate Court], in particular clause (aa) of Sub-Rule (1), as shown below:

“27. Production of additional evidence in Appellate Court.— (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if—
(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or
(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or
(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause,
the Appellate Court may allow such evidence or document to be produced or witness to be examined.
(2) Whenever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.”
     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts